A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 24, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Military Service Act at the Busan District Court, and the said judgment became final and conclusive on December 2, 2017.

[2] On November 14, 2017, at around 15:38, 2017, the Defendant discovered the victim C&P machinery in the office of the victim C& corporation operated by the father of the Defendant in the Geum-gu, Busan, U.S., with a view to having the Defendant repaid the Defendant’s bonds by transferring the money from the account of the victim company to the account of the Defendant.

In other words, the defendant transferred KRW 43 million from the account under the name of the defendant to the corporate bank account under the name of the defendant, after using the computer to the ID and password of the victim company without authority.

Accordingly, the defendant acquired financial benefits equivalent to KRW 43 million by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A complaint and a detailed statement of transactions from entry and departure;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including judgments attached thereto at least 13 times a year);

1. Relevant Acts and Article 347-2 of the Criminal Act concerning facts constituting an offense. Article 347-2 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The concurrent crimes of the latter part of Article 37 of the Criminal Act with reasons for sentencing Article 62-2 of the Social Service Order Act does not apply to sentencing guidelines.

The defendant, in fact, has been placed one time against the same victim by a disposition of suspending indictment for the same kind of crime, and once again, he/she commits the same kind of crime, and even though the amount of damage is not so much, he/she is disadvantageous to the defendant.

The defendant has no record of crime other than the above disposition, and the crime is committed.